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Citizen wrote:
DocNTexas wrote:
In short, Texas is a one-party state for voice recording. As long as one party involved in the conversation is aware it is being taped it is legal. Now, the party aware of the conversation must remain present throughout the recording or it becomes illegal.
Cite, please.
This is covered under the following section of the Texas Penal Code:
Sec.16.02.UNLAWFUL INTERCEPTION, USE, OR DISCLOSURE OF WIRE, ORAL, OR ELECTRONIC COMMUNICATIONS.
(a)Definitions..........
(b)A person commits an offense if the person:
(1)intentionally intercepts, endeavors to intercept, or procures another person to intercept or endeavor to intercept a wire, oral, or electronic communication;
(2)intentionally discloses or endeavors to disclose to another person the contents of a wire, oral, or electronic communication if the person knows or has reason to know the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection;
(3)intentionally uses or endeavors to use the contents of a wire, oral, or electronic communication if the person knows or is reckless about whether the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection;
(4)knowingly or intentionally effects a covert entry for the purpose of intercepting wire, oral, or electronic communications without court order or authorization; or
(5)intentionally uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when the device:
(A)is affixed to, or otherwise transmits a signal through a wire, cable, or other connection used in wire communications; or
(B)transmits communications by radio or interferes with the transmission of communications by radio.
(c)It is an affirmative defense to prosecution under Subsection (b) that:
(4)a person not acting under color of law intercepts a wire, oral, or electronic communication, if:
(A)the person is a party to the communication; or
(B)one of the parties to the communication has given prior consent to the interception, unless the communication is intercepted for the purpose of committing an unlawful act;
As you can see, only one person involved in the conversation has to know about the recording to be legal.
Note: Although a recording might otherwise be legal to obtain,if the recording is used for or can be shown that it was intended for use in something otherwise illegal,then it is no longer a legal recording.
Federal law also dictates that only one party to the conversation know that it is being recorded to be legal.
Currently, only 12 states in the United States require that all parties know about the recording. These state areCalifornia, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington.
The remaining 38 states and D.C. are one party states.
Doc
